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Floating Charge System In China's Legislative System Of Research,

Posted on:2009-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:R Q JinFull Text:PDF
GTID:2206360245487060Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Floating charge is a manner of security which originated from equite , then learned by the continental law system . It is considered to be the most capacious and convenient manner of security . As a security, enterprise use it to finance though putting all or part of their present or future property in pledge. Although the pledgor has right to deal with the property, it will be crystallized when special event occur, meanwhile , the pledgee perform his priority .The description of floating charge in the new《the real right of the Republic Of China》break the limit of our security . but there are obstacles to actual operation of floating charge in avoiding risk, for example, the scope of subject are too broad , while the scope of object are narrow , the content of floating charge is not complete and there is no detailed rules about register , priority, and the scope of operation .So this thesis discusses the floating charge through comparing the practice of floating charge in our country with that in England and USA , to make the system of floating charge more perfect and perform the intrinsic function in controlling risk.
Keywords/Search Tags:the ownership law, the law of guarantee consortium charge, floating change
PDF Full Text Request
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